Under the new regulations, compensation is payable, including in cases of unlawful application of procedural coercive measures, such as detention, pretrial arrest, house arrest, or involuntary commitment to a medical or psychiatric facility.
Compensation may also be claimed in cases of the unlawful application of security measures or precautionary measures, such as special confiscation, deportation, revocation of the right to drive, or the seizure of property. Exceptions will be made for corrective measures applied to minors, as these are intended to promote rehabilitation and social reintegration rather than being punitive in nature.
Another category concerns procedural actions and special investigative measures carried out in violation of the law, including searches or wiretapping (interception of communications) conducted without complying with the legal requirements. The authorities emphasize that such procedures can seriously infringe upon the right to privacy and require safeguards against abuse.
In addition, the state may also be held liable for the inaction of competent authorities if such inaction substantially affects the rights of a suspect, accused person, defendant, or convicted person.
Losses are compensated in full
An individual or legal entity is compensated for or reimbursed for lost wages, property, fines, and legal costs incurred. For example, in cases of unlawful prosecution and unjustified labor, the state will pay lost wages adjusted for inflation (or based on the national average), and for each hour of forced labor, a payment of 150 lei will be imposed. In addition, affected individuals and companies will be fully compensated for actual property damage and lost profits.
However, the right to compensation will arise not from any procedural error, but only as a result of serious violations that caused compensable harm.
